Acórdão nº 0313/08 de Supremo Tribunal Administrativo (Portugal), 11 de Setembro de 2008
Magistrado Responsável | MADEIRA DOS SANTOS |
Data da Resolução | 11 de Setembro de 2008 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam na 1ª Secção do Supremo Tribunal Administrativo: A..., B..., e C..., vieram requerer a reforma do acórdão proferido nestes autos em 26/6/2008, em virtude de ele enfermar de um «lapso manifesto» cuja correcção crêem conduzir a «uma decisão diversa da proferida».
Não houve resposta.
Cumpre decidir.
A possibilidade de reforma das decisões judiciais, prevista no art. 669°, n.° 2, do CPC, constitui uma solução excepcional em face da regra genericamente inserta no art. 666°, n.° 1, do mesmo diploma. E essa possibilidade excepcional pressupõe que na decisão se constate um erro evidente e cometido por inadvertência, seja quanto à qualificação jurídica dos factos, seja quanto à determinação da norma aplicável, seja ainda quanto à não consideração de elementos constantes dos autos, os quais, apenas por si e inequivocamente, implicassem uma decisão em sentido diverso.
In casu
, as requerentes imputam ao aresto reclamado o «lapso manifesto» de aí se ter dito que a prestação contratual visada no concurso era «de um tipo único» quando, em boa verdade, havia três prestações correspondentes a três lotes; e acrescentam que a correcção do lapso conduzirá fatalmente a «uma decisão diversa da proferida». Contudo, nem esse «lapso» existe, nem as suas hipotéticas existência e posterior correcção possibilitariam uma pronúncia judicial diferente da prolatada.
Com efeito, é claríssimo que o acórdão, ao dizer que era de «um tipo único» a prevista prestação contratual, referiu essa unicidade a cada um dos três lotes - pois a independência de cada um deles em face dos outros era óbvia e reflectia-se até no pormenor de a A... e a B... terem sido admitidas a concorrer ao lote 1. Assim, o «lapso manifesto»...
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